Legal struggle rife with ties to Pacific

Three members of the University of the Pacific community have key roles in the state's highly debated same-sex marriage issue, a legal battle that is now being taken up by the U.S. Supreme Court.

Jennie Rodriguez-Moore

Three members of the University of the Pacific community have key roles in the state's highly debated same-sex marriage issue, a legal battle that is now being taken up by the U.S. Supreme Court.

A panel of federal judges is expected to vote on whether to uphold an appeals court decision that lifted a California voter-approved ban on same-sex marriages, deeming it unconstitutional.

And while local same-sex marriage advocates are optimistic, they fear a possible reversal of the appellate ruling.

"It's a huge deal," said Lawrence Levine, a professor at Pacific's McGeorge School of Law. "The U.S. Supreme Court hasn't weighed in on the gay rights issue in a decade or so, and a lot has happened in the last decade (regarding) attitudes about the rights of gay marriage.

"It will be interesting if the court slows down that movement or accelerates it."

Pacific has its mark on all sides of the spectrum - Ted Olson, a lead attorney fighting for same-sex marriage; Andy Pugno, a lead attorney defending traditional marriage; and U.S. Supreme Court Associate Justice Anthony Kennedy, who will be part of the panel in March.

"Few would doubt that this is one of the major civil rights battle of our time," Levine said. "And to have Pacific represented by both sides of the argument and a justice certainly is laudable."

Olson, a 1962 graduate, was one of the chief challengers of California's ban. After the proposition's passage, Olson joined high-profile attorney David Boies in a lawsuit against the state in 2009.

And in February, the team convinced a federal appeals court that the state's marriage amendment was unconstitutional.

Time magazine named Olson one of "The 100 Greatest Thinkers of Our Time" in a 2010 issue. Olson also has been honored with the American Bar Association's highest medal.

Olson studied journalism and forensics in University of the Pacific's undergraduate programs. He graduated cum laude with a bachelor's degree and received outstanding graduating student awards.

Olson received his law degree from the University of California, Berkeley.

He has served as U.S. assistant attorney general and defended President Ronald Reagan during the Iran-Contra hearings.

His involvement in gay rights came as a surprise to many observers, since Olson had a history of arguing for conservative matters.

In possibly the most noteworthy case, in 2000, Olson successfully represented George W. Bush in the U.S. Supreme Court case in which opponents sought a delay in the national election certification until a recount of votes could be completed in Florida.

On the other end of the same-sex marriage argument is Pugno, who became the general counsel for ProtectMarriage.com, the leading proponent for Proposition 8. Pugno may be defending it again as the issue goes to the Supreme Court.

Prior to the proposition's passage, Pugno had led other efforts to define marriage as being between a man and a woman.

Pugno began his career in politics in 1995 at 22 years old, when he joined state Assemblyman Pete Knight's staff.

Four years later, he graduated from Pacific's McGeorge School of Law and began practicing in downtown Sacramento.

In 2000, he was named chief attorney for Knight's Proposition 22, an anti-gay marriage law that was later overturned by the state Supreme Court.

Pacific's ties to the debate now extend to the highest court.

Kennedy has been a professor at Pacific's law school since 1965. For the past 22 years, he has conducted a course on fundamental rights in Europe and the U.S. under the university's Summer Salzburg Program.

Kennedy had practiced law in Northern California for several years before he was appointed to the U.S. Court of Appeals Ninth Circuit in 1975. Reagan appointed him to the U.S. Supreme Court in 1988.

On the issue of same-sex marriage, Kennedy's vote is viewed as pivotal by analysts.

He has sided with more liberal judges on overturning a Colorado law that prohibited homosexuals from filing discrimination lawsuits. And he has sided with conservative judges in allowing the Boy Scouts of America to ban homosexuals from being scoutmasters.

Members of the local lesbian, gay, bisexual and transgender community are hopeful for a ruling in their favor but are nervous that same-sex marriage might end up at square one.

"I'm a little conflicted on them taking this case on and how it's going to impact our fight for equality," said Nicholas Hatten, executive director of the San Joaquin County Pride Center. "California is one of the most liberal states, and yet we're at a standstill.

"Hopefully, they will just honor the state's decision, but you just don't know."

Elena Kelly, treasurer of the Pride Center, was hoping the Supreme Court would not hear the issue.

"Because they're going to hear it that means it's going to be delayed," Kelly said. "In the long run, it could be the best thing that could happen, and in the short run, it could be the worst that can happen."